Comparing Civilian and Military Courts in Sexual Assault Cases

Sexual assault is a serious crime in the United States, and as a civilian you are tried in a
normal civilian court, while an on duty military personnel would face a different court system
and a different punishment. Many civilians and military personnel believe sexual assault cases
should be decided by the same court justice to provide fair punishment among the accused.
Sexual assault has become a major issue in the united states, it has risen by 6% in the past
year. Many of the sexual assault charges are reported but more than 68% are not. ”An
Anonymous survey of military personnel indicated that as many as 26,000 men and women were
victims that year” (Military Sexual Assault: The Basics) . While a normal civilian that is charged
with sexual

assault would normally stand in front of a judge and await his punishment over a
series of trials. A military personnel would stand in front of the Court Martial ,if the case makes
it that far.Many cases in the military are overlooked or are not taken serious, some cases will end
in a dishonorable discharge and some may end with no punishment at all.
Military personnel have lighter punishments than civilians, for civilians in California, “ a
sexual assault conviction carries with it a possible sentence of 24, 36 or 48 months in prison, as
well as a possible $10,000 fine”( Sexual Assault Penalties and Sentencing ) .

In New York there is
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a minimum of 2 years and a maximum of 7 years in prison. For military cases only one in twenty
people are found guilty of sexual assault. Last year “ 6,131 service members reported a sexual
assault” out of all the reports “only about 317 service members were courtmartialed
and
sentenced to confinement”( Andrew Tilghman ). All though many cases of sexual assault are
overlooked in the military some of those convicted face a certain case of punishment.They are
given a chance to stand in front of a counsel to show evidence but even then they can serve up to
life in military prison or have a dishonorable discharge and be listed as a convicted sex offender.
The punishment for military is severe, but over half of the cases are overlooked making the
decisions unfair.
For years now when a soldier reports a rape the commanding officer uses the “good
soldier” defense. This defense used in military court systems has given the defendant the ability
to “cite their military character to demonstrate the likelihood of innocence and provides victims
with special counsel”(Patricia Kime). This one defense has been used to throw out cases

for
years because if they are a good enough soldier there could be no way that they raped a fellow
soldier. “Many victims continue to face retaliation and retribution after reporting alleged
incidents and still are reluctant to come forward”(Patricia Kime). For men, it makes them feel
weak because they are overpowered and vulnerable. Women have it hard enough because men
don’t generally trust women having their backs in battlefield. So when they report rape and are
tried in the military court it tends to cause more damage to the victim, especially since 68% are
dismissed and even more are ruled innocent. This is why these cases should be tried in the
civilian courts instead of the military court system.
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So in conclusion, the best way to delicately handle these tragedies are to handle them
back here in the civilian court systems. It is better to do so because it more fairly judged and
executed, the punishment is more fit, and there is almost no chance that the case will be swept
under a rug.